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2023 Supreme(Bom) 1349

ABHAY AHUJA
Deenbandhu Singh Shivsaran Singh – Appellant
Versus
Bharat Tarachand Bhaglat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.J. Mendon.
For the Respondents: Ketan Joshi, Shubham Misar.

JUDGMENT :

ABHAY AHUJA, J.

1. This appeal has been filed by parents of the deceased, who, died in motor vehicle accident on 2nd May, 1998.

2. Earlier the appellants had filed claim application under Section 166 of the Motor Vehicles Act, 1988 seeking a compensation of Rs. 10,00,000/-. However, the Motor Accident Claims Tribunal, Mumbai (the “MACT, Mumbai”) only partly allowed the claim holding that the appellants were entitled to recover and get Rs. 2,00,000/- inclusive of the No Fault Liability amount of Rs. 50,000/- together with interest @ 7.5% p.a. from November, 2003 till realization. Aggrieved by the same this appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 (the “MV Act”).

3. The brief facts are that the son of the appellants, who was studying M.B.A. course at Lonir, Dist. Ahmednagar and had completed first year of M.B.A. course, on 2nd May, 1998, while he was coming home in an auto rickshaw along with his friend met with an accident in which he sustained serious injuries. Sujeet Singh, son of the Appellants, was traveling in auto-rickshaw No. MH-1

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